A senior NSW prosecutor is facing serious allegations that she authorised her media team to leak a story to commercial radio station 2GB and breakfast host Ben Fordham in an attempt to discredit District Court Judge Penelope Wass SC. The leaked report claimed a young Aboriginal offender who Judge Wass was preparing to sentence for break and enter and sexual touching had been allowed to deliver an Acknowledgement of Country in Taree District Court.
The inquiry examining the leak was originally established to review identity protections for children in court, but it quickly became dominated by scrutiny of Ms Dowling and her ongoing dispute with Judge Wass. The committee itself was sharply divided, with several Labor members issuing dissenting statements and rejecting the adverse findings against her. Attorney‑General Michael Daley went further, calling it the “worst parliamentary committee report” he had ever seen.
Fordham aired the story in October 2024, telling listeners Judge Wass had “had a shocker” and “thought it was appropriate to have the offender welcome her to her own court.” But Judge Wass told the inquiry she had informed both prosecution and defence lawyers ahead of time, neither objected, and “there was no departure from normal procedure.”
She said the leak was reckless and breached ODPP guidelines, because the information provided to Fordham included the offender’s name despite the legal prohibition on identifying children. While 2GB did not publish the name, police have investigated the leak and no charges have been laid.
The controversy has deepened tensions between the judiciary and the prosecution service, raising fresh questions about political interference, media manipulation and the protection of vulnerable young offenders in NSW courts.
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